Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION REGULATIONS 1994 - REG 2.73AA

Refund of nomination fee and nomination training contribution charge--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa

             (1)  The Minister may refund the fee mentioned in subregulation 2.73(5) or (7), or any nomination training contribution charge mentioned in subregulation 2.73(5A), paid in relation to a nomination if:

                     (a)  any of subregulations (2) to (3E) apply; and

                     (b)  the Minister:

                              (i)  receives a written request for a refund from the person who paid the amount; or

                             (ii)  considers it is reasonable in the circumstances to refund the amount to the person who paid the amount without receiving a written request for a refund.

             (2)  This subregulation applies if the nomination is made because of a mistake by Immigration.

             (3)  This subregulation applies if:

                     (a)  the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Labour Agreement stream; and

                     (b)  the person is a party to a work agreement; and

                     (c)  the person withdraws the nomination before a decision is made under section 140GB of the Act because:

                              (i)  the person has listed an occupation in the nomination that is not specified in the work agreement as an occupation that the person may nominate in relation to Subclass 457 (Temporary Work (Skilled)) visas and Subclass 482 (Temporary Skill Shortage) visas; or

                             (ii)  the number of nominations in relation to Subclass 457 (Temporary Work (Skilled)) visas and Subclass 482 (Temporary Skill Shortage) visas made by the person and approved by the Minister under section 140GB of the Act is equal to or greater than the number of approved nominations in relation to those types of visa permitted under the work agreement for the year.

          (3A)  This subregulation applies if:

                     (a)  the person withdraws the nomination before a decision is made under section 140GB of the Act; and

                     (b)  the reason for withdrawing the nomination is that the information in the nomination used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.

          (3B)  This subregulation applies if:

                     (a)  the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream or Medium-term stream; and

                     (b)  at the time the person made the nomination, the person had applied to be approved as a standard business sponsor; and

                     (c)  the person withdraws the nomination before a decision is made under section 140GB of the Act because:

                              (i)  the person has withdrawn the application to be approved as a standard business sponsor; or

                             (ii)  the Minister has refused to approve the person as a standard business sponsor.

          (3C)  This subregulation applies if:

                     (a)  the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Labour Agreement stream; and

                     (b)  the person withdraws the nomination before a work agreement is entered.

          (3D)  This subregulation applies if:

                     (a)  an application for a Subclass 482 (Temporary Skill Shortage) visa made on the basis of the nomination is finally determined; and

                     (b)  the grant of the visa is refused:

                              (i)  under section 501, 501A or 501B of the Act; or

                             (ii)  because the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4007 or 4020.

          (3E)  This subregulation applies if:

                     (a)  a Subclass 482 (Temporary Skill Shortage) visa is granted on the basis of the nomination; and

                     (b)  the visa holder fails to commence employment in the position associated with the nominated occupation.

           (3F)  If:

                     (a)  a nomination made in relation to a person (the nominee ) is approved; and

                     (b)  the period of stay proposed in the nomination is more than 1 year; and

                     (c)  the nominee ceases to be employed by the person who made the nomination or an associated entity of the person within 1 year after commencing employment with the person or an associated entity of the person; and

                     (d)  the Minister:

                              (i)  receives a written request for a refund from the person; or

                             (ii)  considers it is reasonable in the circumstances to give a refund without receiving a written request for a refund;

the Minister may refund any nomination training contribution charge mentioned in subregulation 2.73(5A) paid in relation to the nomination, less the amount of nomination training contribution charge that would have been payable in relation to the nomination if the period of stay proposed in the nomination were 1 year.

             (4)  A refund under subregulation (1) or (3F) must be paid to the person who paid the amount.

             (5)  A refund under subregulation (1) or (3F) may be paid:

                     (a)  in Australian currency; or

                     (b)  if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback